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Zambia decisions
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People v Dennis Sinyangwe (3D/39/24) [2024] ZMSUB 4 (11 September 2024)
The Subordinate Court convicted Dennis Sinyangwe of breaking into a shop and committing a felony, finding the prosecution proved theft of K500 beyond reasonable doubt.
Panicco Engineering Limited v Marks Industries Limited (Appeal No. 292/2022) [2024] ZMCA 241 (10 September 2024)
The Court of Appeal held that a default judgment against one defendant could be set aside where the claim was intertwined with claims against other defendants and liability had to be determined together.
Sonali Weerackody and Anor v Sreetharan Vallipuram and Anor (APPEAL No.218/2022) [2024] ZMCA 350 (9 September 2024)
The Court of Appeal held that the respondent should have appealed under section 341 of the Companies Act and that the originating process rules required fuller compliance.
David Mufwaya v Dora Shilute (Appeal No.248 of 2022) [2024] ZMCA 204 (4 September 2024)
The borehole was excluded from the matrimonial property as its acquisition during marriage was not sufficiently proven. The award of 12 cattle to the Respondent was upheld due to credible evidence of her contributions and the increase in family wealth during the marriage. The valuation of the Hino truck by the High Court was set aside for lack of expert evidence; a government valuer must determine its value, and the Respondent is entitled to 25% of that value.
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Katongo Chilufya Elliot v Jonathan Hugh Elliot (Appeal No. 257 of 2022) [2024] ZMCA 271 (4 September 2024)
The Court of Appeal upheld leave to amend a divorce petition to rely on five-year separation, finding no new cause of action and dismissing the appeal.
Katongo Chilufya Elliot v Jonathan Hugh Elliot (Appeal No. 257 of 2022) [2024] ZMCA 195 (4 September 2024)
Court of Appeal of Zambia judgment in an appeal between Katongo Chilufya Elliot and Jonathan Hugh Elliot. The provided record does not include the court’s reasoning or outcome.
Turnvell Mataa Sendoi v Interlink Freight Services Limited (2023/HPIR/0527) [2024] ZMHC 140 (4 September 2024)
The complainant was underpaid gratuity by K2,061 as it should have been calculated on his last drawn basic salary. The deduction of K14,130.99 from his terminal dues was unlawful as there was no contractual or legal basis to hold him liable for losses allegedly caused by workshop staff, and no sufficient evidence of negligence was provided. The claim for overtime allowance failed as the complainant did not prove entitlement or provide supporting documentation.
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The People v Gardner Syakantu (CRMP/0014/2023) [2024] ZMSUB 2 (3 September 2024)
The statutory five-month period for hearing commenced when the first witness took the stand after compliance with procedural requirements. Even if the period had expired, the court retains jurisdiction and may extend time by 45 days under Rule 3(2). There is no loss of jurisdiction at expiry, and no constitutional issue arises warranting reference to the High Court.
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Pawsen Munamooya and 12 Ors v Professor King Nalubamba and Ors (2019/HP/1633) [2024] ZMHC 155 (1 September 2024)
The High Court dismissed an application to stay execution of a Registrar’s costs ruling, holding there was nothing enforceable to stay and granting leave to appeal.
Chilanga Cement Plc v Carymac Company Limited and Anor (2024/HPC/0176) [2024] ZMHC 217 (30 August 2024)
The High Court dismissed Chilanga Cement’s application for judgment on admission, finding the debt settlement agreement did not amount to an unequivocal admission.
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